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August 4, 2009

College house disqualifies former student from homebuyer credit

Jim Dupree of the IRS answers another round of your first-time homebuyer credit questions. Unfortunately, Jim has some bad news for homebuyers, including one whose parents bought a house for her while she attended college.

Q. While my daughter was going to college we purchased her a house to live in. My husband was the only one on the loan. All three of us, however, were put on the deed. My daughter just bought a home and it is in her name only. We are trying to sell the college home now. Does she qualify for the $8,000.00 credit?

A. An ownership interest in the college home would preclude your daughter from being considered a first-time homebuyer. As long as she owned and used the prior home as her principal residence ,she is not a first-time homebuyer, even if she did not buy the prior residence.

Q. I have just recently gotten divorced and am looking at trying to buy a home on my own. My husband and I owned the home together, although he was the only source of income for our family. Am I eligible for the first time home buyer assistance, since I have never bought a house "on my own"?

A. No. Section 36(c)(1)of the Internal Revenue Code requires that the taxpayer and the taxpayer’s spouse not have an ownership interest in a principal residence within the three years prior to the date of purchase. While individuals do not have to be married to get the credit, marriage (and legal separation) imputes ownership of a previous home upon the other spouse.

Q. I am getting ready to have a home built in August 2009 and I don’t think that it will be completed by the deadline December 1st. Will I be able to get the tax credit of $8,000 next year?

A. To qualify for the first time home buyer credit, the residence must be purchased before Dec. 1, 2009. By statute, a residence which is constructed by the taxpayer is treated as purchased on the date the taxpayer first occupies the residence.

Q. I own a mobile home, but not the land. I pay lot rent. It has a title not a deed and is not on a foundation. Yes, it is my residence, but then again living under a bridge is someone’s residence as well. It seems that I am the type of purchaser that this stimulus is intended to spur into a home purchase, as I am doing in the next month. I’ve read several blogs and seen conflicting answers. What’s the deal, am I or am I not qualified?

A. Taxpayers who have had an ownership interest in a principal residence at any time during the three years ending on the purchase date of the new residence cannot claim the first-time homebuyer credit. A principal residence may include a house trailer or a mobile home, whether or not it is on a foundation. Thus, a taxpayer will not qualify for the first-time homebuyer credit if the taxpayer has owned and used a house trailer or mobile home(whether or not on a foundation) as a principal residence at any time during the three years ending on the date he or she purchases the new home.

UPDATE: Got more questions about the $8,000 first-time homebuyer credit? E-mail them to Eileen.ambrose@baltsun.com before Tuesday, Sept. 8, 2009 and then tune in at noon on Sept. 8 for her live chat with IRS spokesman Jim Dupree to get the answers.

Posted by Eileen Ambrose at 8:47 AM | | Comments (1)
Categories: Taxes
        

Comments

I think that is bull. If you had a title and not a "morgage". You don't pay realestate taxes, therefor I think it should qualify.
Your correct basically if you lived under a bridge for three years you don't qualify.
Just small town america being penalised again for living in a trailer.

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